Which statement best describes protection for donees/heirs/devisees under recording acts?

Which statement best describes protection for donees/heirs/devisees under recording acts?

• A. Are protected against prior claims
• B. Are protected against all claims
• C. Are protected only if they record
• D. Are not protected against prior claims

Answer: (D)

Recording acts mainly protect purchasers for value who record their interest, establishing priority over earlier, unrecorded claims. Donees, heirs, and devisees take title by gift or inheritance, not for value, so they don’t receive the same protection from recording acts. If there are prior conveyances, their title can still be affected regardless of whether they record, because the statute’s protection is not aimed at those who receive property without consideration. In practice, this means donees/heirs/devisees are not protected against prior claims by the recording acts, aligning with the statement in question.

Recording acts mainly protect purchasers for value who record their interest, establishing priority over earlier, unrecorded claims. Donees, heirs, and devisees take title by gift or inheritance, not for value, so they don’t receive the same protection from recording acts. If there are prior conveyances, their title can still be affected regardless of whether they record, because the statute’s protection is not aimed at those who receive property without consideration. In practice, this means donees/heirs/devisees are not protected against prior claims by the recording acts, aligning with the statement in question.